Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-01-15
THE ORDER ENTERED
In the Police and Fire Board Litigation
An Appeal Taken by the City.

In the Police and Fire Board Litigation
An Appeal Taken by the City.
In Part One of the Circuit Court, Judge
Jacob, the following order was entered in
the matter of the petition of j. B. Shep-
pard and others V. the Police and Fire
Commissioners:
In the matter of the petition of j. b.
SHEPPARD and nine other citizens AMI tax
payers of the city of Wheeling, to super
sede an ordinance of the city OF Wheeling,
entitled: IAN ordinance in relation to the
Police and Fire Departments OF the city OF
Wheeling, and the Appointment, duties and
compensation of the Commissioners there
Of" passed January &, 1856.
This day came again the petitioners and
the respondents, and the Court being now
advised of its judgment on the matter
heretofore argued and submitted, 1t lscon-
sidercd that the demurrer heretofore in
terpOsed TO the answer of respondents be
and the same is sustained.
And the Court proceeding TO pass upon
the merits of the controversy between the
partes and being of opinion that the
Council of the city OF Wheeling was not
authorized, Oh the day above mentioned,
10 create such Board rs is contemplated
and provided for in said ordinance, for
the control and supervision of the police
of said city, and that, consequently, Ger
tain portions of said ordinance were made
contrary to law, that is to say Section 4,
organizing Police Department; Section q,
recurring the City Sergeant to nominate
his deputies to the Board created by the
first section, and the Board to report such
nominations to Council; so much Of sec
ton Z rs provides for rules and regula-
tions for the government OF the police
force, and for suspension OF members OF
the force by such Board; so much OF sec
ton 0 as cOntcmplates complaints against
members of the police force, and an inves-
tigatiOn thereof by the Board; so much OF
section 10 rs attempts to confer Jurlsdlc-
ton on said Board to remove and suspend,
and recommend for removal and suspen-
sion, the members of the police
force; so much of section II, as
requires the police force to be under the
control, and to obey the orders of said
Board; so much of section II as prescribes
as a qualification on the part OF deputy
to the Sergeant ability to read and write
the English language, and so much OF sec
ton Is rs attempts to confer power On the
said Board to pass upon the accounts OF
the Sergeant, and to report regarding the
same-it is considered that the provisions
of the said ordinance above mentioned (but
no others be and the same are superseded,
revoked and annnlled. And it is further
considered that the petitioners recover of
the city OF Wheeling, one of the respond
ents, the costs by them herein expended.
The defendants desiring to present to
the Supreme Court of Appeals petition
for writ of error and supersedeas to the
Judgment hereinbetore entered, it is order
cd that the execution of the said judgment
be suspended for sixty days from this date,
when the said defendants, or some one for
them, shall give bond before the Clerk OF
this Court in penalty of 500, conditioned
according to law.